IMPORTANT POINTS
Principles of the Industrial Disputes Act, 1947 cannot be imported into a case of fully unaided educational institution.
In case of contractual relationship the employee is only entitled to damages and not reinstatement.

JUDGMENT :

Sanjay Kishan Kaul, J.

1. The Mayo College, Ajmer is an educational institution founded in 1875 by Sir Richard Southwell Bourke, the 6th Earl of Mayo, who was also the Viceroy of India from 1868 to 1872. It is one of the oldest educational institutions which was set up as a public boarding school, offering admission to the then elite. This character of the institution changed in the post-independence era, but it continued to be a prestigious centre of learning. The Mayo College is an unaided, nongovernmental educational institution receiving no grant either from the State or the Central Government and is affiliated to the Central Board of Secondary Education, New Delhi, for purposes of students taking that examination to pass the 12th standard.

2. The present unfortunate dispute involves the Managing Committee of the School (respondent No.1), with the Principal arrayed as the 2nd respondent. The dispute in the two Civil Appeals before us concerns two employees of this institution, who have served for a number of years, but apparently irreconcilable differences had arisen on account of the alleged conduct of the employees. The two employees are Kailash Singh (Civil Appeal No.6409/2017) and Jeffry Jobard (Civil Appeal No.6410/2017).

3. Kailash Singh began his employment as a Class IV employee on 4.1.1984 and was promoted after a decade’s service as an LDC from 1.2.1994 and posted in the Library. Jeffry Jobard began his career as an LDC itself, from 1.7.1985. The services of both Kailash Singh and Jeffry Jobard were terminated simultaneously on 9.11.2000, on account of conducts attributed to them, which created an extremely undesirable situation in the respondent school.

4. It may be appropriate to refer to the ground reality which resulted in the termination of the appellants, though it is not of great importance now in view of subsequent developments. Both the appellants, in different capacities, were associated with the activities of Mayo College Employees Union and are stated to have been instrumental in setting up the ‘Sangarsh Samiti Mayo College, Ajmer’, under the banner of which they demanded bonus. The stand of Respondent No. 1 was that such bonus was payable only as per the orders of the Government and the Board of Governors was willing to consider the same, subject to such orders being passed. The Sangarsh Samiti organised protest meetings at the gate of the Mayo College on 19.10.2000 and resolved to hold a general meeting and dharna on 22.10.2000, on the issue of non-grant of bonus. Additionally, a threat was held out to go on a general strike from 23.10.2000, if their demands were not met. The Samiti, steered by the appellants, started with their movement on 20.10.2000, and on 22.10.2000, a general notice was issued to all employees, reiterating the stand of the establishment that the Board of Governors was awaiting the decision of the Government. The employees were warned that any such “movement” was totally illegal because no employees’ union had given any legal notice in that behalf, and a warning to not tolerate absenteeism on 23.10.2000 and 24.10.2000 was held out. Since the Board was awaiting the announcement by the Government, it was informed to the workers that the management would take a call on the issue on 23.10.2000, and that the workers should not indulge in any disruptive activity.

5. The appellants, despite the same, are stated to have gone ahead with their threat, and at the time when the Annual Function of the Mayo College was being held on 23/24.10.2000, instigated other staff members not to go to work and created disturbances, causing grave embarrassment to the Institution. It appears that loudspeakers were used and inappropriate adjectives were used for the management, so much so that the traditional dinner scheduled for 24.10.2000 had to be cancelled, resulting in a loss of face for the management.

6. It is the aforesaid incidents which led to the show cause notice being issued to both the ap